Edmonton doctor who admitted to using drug discounts faces $5K fine, temporary suspension | CBC News

An Edmonton obstetrician who agreed to participate in a drug reduction program for more than two years will pay a $5,000 fine and have his license temporarily suspended, after a College of Physicians hearing and Surgeons of Alberta last week.

In the 2021 letter, Dr. Tarek Motan told patients who saw him between August 2015 and November 2017 that while working in the fertility clinic at Lois Hole Hospital for Women, he was involved in a kickback arrangement with three pharmaceutical companies. .

He said in the letter that he had paid for fertility drugs, such as Gonal-F, Puregon and Menopur without authorization and approval from Alberta Health Services (AHS) or the College of Physicians and Surgeons of Alberta (CPSA) – the provincial regulator – and put the cash discounts he received on the account he used for education.

Motan apologized to patients in the letter and said he sometimes gives high doses of drugs, believing they can help them but saying it may put some of them at risk of side effects.

The doctor admitted that he failed to follow the college’s training policy on conflicts of interest, by accepting kickbacks, referring patients to Glengarry Pharmacy, which received a share of the discounts, and failing to notify (and obtaining informed consent from) patients themselves.

During a CPSA hearing on Thursday morning, the court accepted his admissions, which amounted to unprofessional conduct.

Craig Boyer, legal counsel for the college’s director of grievances, said during the hearing that Motan did not appreciate what he was doing at the time, which was a violation of the conflict of interest law.

He also said that the doctor did not use the money himself but kept the money in the bank.

“He didn’t go out and buy a race car or anything like that,” Boyer said.

Penalties

Boyer made a joint proposal regarding the penalties, discussed with Motan’s lawyer, which include the suspension of the license to practice for six months and a fine of $5,000.

These were consistent with sentences imposed in similar cases, Boyer said.

He said that as part of the joint proposal, Motan can use the refund money to settle the case he is facing or submit it (without getting a tax receipt).

Motan would also be responsible for paying half of the costs of the investigation and obeying his conduct.

The doctor’s lawyer, James Heelan of Bennett Jones LLP, told the jury that his client was “deeply ashamed of the circumstances in which he finds himself” and “remains deeply remorseful” about not resolving a conflict of interest.

He said Motan is already serving an AHS suspension, with three-and-a-half months to run, “intense media scrutiny” and taking ethics training.

He added that a management review of patient complaints found no medical concerns.

Since uninsured IVF services at the women’s clinic stopped in 2017, Motan has been working at the hospital, serving patients who can’t afford private care, Heelan said.

Heelan said the joint proposal for sanctions was reasonable.

“It is clear that he will be severely punished for his conduct,” he said.

The trial court agreed to the proposed sanctions and a written decision is forthcoming.

CBC News contacted Motan on Friday, through his lawyer, but did not receive a response.

In 2021, the Alberta College of Pharmacy told CBC News that it received a complaint in 2019 about the owner of Glengarry Pharmacy and the investigation was completed in January 2020.

A representative of the college said at the time that the pharmacist acknowledged their behavior in the matter.

The spokesperson says the college needs changes in pharmacist behavior and drug practice to ensure the public is protected.

Class action lawsuit

A proposed class action lawsuit against Motan, his organization, a chemist and a pharmacist was dismissed in March 2023.

An amended statement of claim filed in Edmonton’s Court of King’s Bench in April 2023 stated that the group members – women who were treated by Motan for fertility issues between August 2014 and November 2018 – were given treatment that unnecessary and inappropriate prescription.

The lawsuit alleges that because members of the group were prescribed “excessive doses” of fertility drugs, they suffered serious health effects, including ovarian hyperstimulation syndrome.

Plaintiff Shannon Frew, on behalf of all members of the group, is seeking $5 million in damages.

Frew told CBC News on Monday that he was disappointed the class action lawsuit was cited in the lawsuit “without giving any real context as to its seriousness.”

A statement of defense has not been filed and none of the allegations have been proven in court.